The Equality Act 2010 states that you cannot be discriminated against based on your disability.
The Equality Act automatically treats some conditions as disability. If you do not have any of these conditions, but you wish to file a claim for discrimination based on disability, you will need to prove that your condition is a disability.
This article will explain what you need to prove your disability.
What does it mean to be disabled?
A disability is a condition that has a lasting and significant impact on your daily life.
What does the Equality Act mean by disability?
According to the Equality Act, a disability can be defined as a mental or physical impairment that has a significant and lasting adverse effect on your ability perform normal daily activities.
What are your day-to-day activities and responsibilities?
The majority of people do their daily activities on a normal basis.
Take, for example:
- Walking or driving
- Washing your clothes or dressing up
- Cooking or eating
- Public transport
- Talking or Hearing
- Writing, typing, or reading
- Transporting or moving items
- Being able to focus and understand
- Being able to build social relationships
What does it mean to have a substantial adverse effect?
Your condition must have a significant adverse effect on your daily living in order to be considered disability. It must have a significant Prefer Law adverse effect on your daily life, not just a minor one. It doesn’t have the ability to prevent you from doing certain things, but it should make it more difficult. You may avoid certain activities because you are in pain or tired.
Both of these scenarios indicate that your condition is a significant adverse influence on your daily living.
What if your condition is improved by medical treatment?
Your condition may be treated with medical care or aids such as hearing aids or prostheses. Even if you are not receiving treatment or aid, this will still make your condition a substantial one.
What happens if your condition gets worse over time.
Some conditions have a mild impact on daily life but can become more severe over time. This is known as a progressive condition, such as dementia or motor neurone diseases. It doesn’t matter how minor the effect is now Allow Law for conditions such as these. As long as the condition is affecting your daily life, it can be considered a disability.
What if you can get treatment for a progressive condition that makes you feel better?
You may not be considered disabled if you receive treatment for a progressive condition that makes you feel better. You will no longer be considered disabled if you are completely healthy after receiving treatment. However, if your condition isn’t fully cured or still has some effects you will still be considered disabled.
What does it mean to be long-term?
Your life will be affected for the long-term if you can prove it. You must be in one or more of these situations:
- The adverse effect lasted more than 12 months
- The adverse effect will likely last longer than 12 months
- If you expect to live less than 12 months, the negative effect will likely last your entire life.
One condition may lead to another. If these 2 conditions are combined, and the adverse effects last more than 12 month, you may be considered disabled under the Equality Act.
Additional useful information
- Equality Advisory Support Service (EASS).
- The EASS Discrimination Helpline can help you if you’ve been discriminated against.
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